JABBAR MOHAMMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment disposes of Cri. Writ Petitions 527 of 1988 and 521 of 1988. Jabbar Mohammed, petitioner in Cri. Writ Petition No. 527 of 1988 and Abdul Khader, petitioner in Cri. Writ Petition No. 521 of 1988 are seeking setting aside of two orders passed on 11th May, 1988 by the Government of Karnataka under Section 3 (1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act). The two separate orders of detention impugned herein were made against the detenus (the petitioners herein with a view to preventing them from engaging in transporting smuggled goods.

(2.) The grounds of detention also dated the 11th May, 1988 make a passing reference to certain documents, copies of which were not supplied to the detenus pan pasu the grounds, as those documents were not relied upon. The common question raised in both the petitions by Mr. Herjinder Singh, learned counsel for the petitioners is that in spite of specific request made by the detenus, copies of the referred to documents were not supplied to them. Thus, it is alleged that the fundamental right guaranteed to the petitioners under Article 22 (5) of the Constitution of India has been infringed. The continued detention being bad, it is pleaded, the detention orders as well as the declarations issued under Section 9 (1) of the COFEPOSA Act are liable to be quashed.

(3.) To analyse the plea urged by Mr. Herjinder Singh, a few facts may be noticed: The detenus made separate representations seeking copies of certain, documents on 18th July, 1988. Jabbar Mohammed sought amongst others, the following documents. These documents are mentioned in his representation at Item Nos. 2 &3. (2) Copies of documents of search conducted at No. 20/86 Anjuman Building, Nishanpad Road, Bombay. (3) Copies of documents relating to search conducted at K.K. House, Alavil, Cannanore.